FLIGHT DELAYS 2001: THE AIRLINE PASSENGER'S RIGHTS & REMEDIES

Originally
Published In The International Travel Law Journal1Updated
March 1, 2001. REVISION
NUMBER 2. This Article May Not Be Reproduced Without The Permission Of Thomas A. Dickerson. By Judge Thomas A. Dickerson2

Flight Delays In 2000 Were The Worst Ever

On February 1, 2001 the U.S. Department of
Transportation (DOT) issued its Air Travel Consumer Report ( dot.gov/airconsumer
) which confirmed that " For the year 2000, consumers filed a total of 23,381
complaints, a 14 percent increase from the 20,438 filed in 1999 ". In addition
the 2000 DOT Report confirmed that flight delays and cancellations in the year
2000 were the worse since 1995 when data began to be collected from domestic
airlines.

Regarding Flight Delays the 2000 DOT Report
stated that " 11 carriers reporting on-time data posted a 62.8 percent on-time
record in December, not as good as either November's rate of 72.8 percent or
December 1999's 78.0 percent mark. Aloha Airlines had the best on-time arrival
rate in December at 91.9 percent, followed by Continental Airlines at 74.0 and
US Airways at 67.1. Delta Air Lines had the lowest percentage of on-time
flights at 56.1, with Alaska Airlines ranked tenth at 57.0 and Northwest
Airlines ninth at 58.2. For the year 2000, the reporting carriers had an
overall on-time record of 72.6 percent, not as good as 1999's 76.1 percent
mark. The 72.6 percent rate for 2000 also is the worst rate for any year since
1995, when comparable data began to be collected. "

Regarding Flight Cancellations the 2000 DOT
Report stated " In December, the carriers canceled 5.9 percent of their
scheduled domestic flights, up from the 2.3 cancellation percentage rate of
November. Delta had the highest percentage of canceled flights at 10.1, followed
by American at 9.4 and United Airlines at 7.0. Aloha had the lowest percentage
of cancellations at 1.8 percent, followed by Southwest Airlines at 1.9 and
Continental at 2.6. "

1999 Was A Bad Year Too

While domestic airline " have a good product
that is selling well " and this year the airline industry " will record more
than 600 million domestic passenger ' enplanements "3
the quality and timeliness of domestic air transportation has decreased
dramatically in recent years. " Virtually every independent measure of customer
satisfaction has declined...The unfortunate truth is that flying on an airplane
today...is as unpleasant for many passengers as it has ever been. 4
Between 1998 and 1999 passenger complaints to the U.S. Department of
Transportation rose from 9,608 to a staggering 20,4955
The largest number of complaints made to the DOT in 1999 through its e-mail
address at airconsumer@ost.dot.gov involves flight delays and
cancellations. Regarding cancellations " Last month 8,590 flights were canceled
out of 307,116 scheduled. A year ago it was 6,487 out of 299,132...weather, air
traffic, mechanical difficulties, rules governing crew hours and hundreds of
other causes, including human error, can upset schedules "6
And regarding flight delays

" Only about three-quarters of planes arrive
within 15 minutes of the scheduled time, and in bad months, about one flight in
40 is canceled altogether "7

What Are Your Rights As An Airline Passenger?

What are your rights and remedies when your
flight, domestic or international, is delayed or canceled? In addition to this
Web article consumers should read Stranded At The Airport? You Still Have
Options, Consumer Reports Travel Letter, December 2000
which provides " A Quick guide to the key
airline rules ".

Types Of Flight Delays

A Flight Delay is any change from the
promised time and date of departure or arrival. Flight delays are caused by a
variety of circumstances including:

(12) Discrimination [ Mohideen v. American
Airlines, Inc.43
( passenger and children removed from
aircraft because of noxious body odor claim religious discrimination ); Owolabi
v. Air France44 (
blind passenger in wheelchair denied assistance and left unattended in airport
for seven hours during which time she urinated on herself; claims
discrimination based upon race, age and disabilities ); Quinn v. National
Railroad Passenger Corp45
( African-American passengers ejected from
train; discrimination based on race and violating ejectment rules ); Pearson
v. Lake Forest Country Day School46
( emotional distress and defamation action arising from failure to seat 13 year
old boy )];

15) Failure To Assist Disabled Passenger [ Owolabi
v. Air France57(
blind passenger in wheelchair denied assistance and left unattended in airport
for seven hours during which time she urinated on herself); Shupe v.
American Airlines58
( failure to meet and assist passenger making connecting flight )];

Rights & Remedies

The passenger's rights and remedies for a
cancellation or a flight delay will depend upon several factors. Was the flight
international or domestic? If it was international then the Warsaw Convention
or its progeny may apply ( see discussion
below ).

If the flight was domestic then the
passenger's rights and remedies will depend upon the application of the common
law as modified or preempted by the regulations of the DOT. Such regulations
give domestic airline passengers greater or lesser rights than would otherwise
be available at common law. These regulations raise the following additional
issues.

If the flight was regularly scheduled
domestic air transportation then the passenger ticket may contain disclaimers
which limit the airline's liability for flight delays. Under what circumstances
are these disclaimers enforceable?

Was the flight part of a Public Charter
Tour?

Was the delay caused by airline
overbooking or discrimination?

Was the passenger detained because he was
unruly or otherwise a threat to the safety and well being of the other
passengers on the aircraft?

Domestic Flight Delays

Air transportation is sold to the general
public with the promise that it will depart and arrive at specific times on
specific dates. Applying the common law some courts have held that a failure to
deliver air transportation " on time " is a breach of contract [ Farmilant
v. Singapore Airlines, Ltd.67
( flight delay was a " tortious breach of contract " )]. The breach must be
material and may be:

8 ½ hours [ Koczara v. Wayne County70
( snowstorm at airport results in the stranding of hundreds of passengers on
aircraft queued on taxiways for up to 8 ½ hours without food service and
toilets overflowing )];

2 days [ Prechtl v. Travel House of
Garden City72 (
flight from Seattle to Hawaii canceled by airline which never informed travel
agent who relied upon information in computer reservations system; passengers
waited sleepless in Seattle for two days for flight to Hawaii )] and

Such a breach of the contract of carriage may
also constitute negligence [ Reservation Desk v. A.L.I.A.74
( air carrier liable in negligence for failure to advise travel agency that
reservations could not be confirmed ); Sporn v. Metro International Airways75
( 3 hour flight delay may be the result of negligence ] and fraud [ Jawal v.
British Airways76
( passenger detained because of stolen
tickets )].

Some Courts, however, have refused to find a
breach of the contract of carriage stating that timetables do not constitute a
" warranty of punctuality " [ Chendrimada v. Air-India77
( passengers forced to stay on aircraft for
11 ½ hours; flight schedules are not guarantees ); Padua v. Eastern Air
Lines, Inc.78 (
ticket clause stating that timetables not guaranteed enforced; no liability for
flight delay and missed connection ); Robinson v. American Airlines79
]. The contract of carriage applies to point-to-point air transportation. There
is no continuing common law contractual duty to the passenger once he or she
disembarks the aircraft [ Martinez v. American Airlines80
( passenger suffered medical difficulties
after arrival at initial destination; airline has no obligation to assist him
or transport him to his final destination after becoming ill )].

Disclaimers In Passenger Tickets

Domestic air carriers are permitted by the
DOT to file tariffs81
which seek to limit their liability and damages for flight delays and other
travel problems and to incorporate those terms by reference in the passenger
ticket [ Wolst v. American Airlines, Inc.82,
( discussion of the incorporation by reference system )].

From a practical standpoint this means that
passengers are unable to discover the actual terms and conditions of the
contract of carriage by, simply, examining their airline ticket. Interested
passengers must ask the airline for a copy of the full contract of carriage.

Consumers Should Obtain A Summary Of The
Contract Of Carriage

Airline passengers may obtain a summary of
the terms and conditions of the contract of carriage of all domestic airlines
by contacting the Air Transport Association of America, Washington, D.C. ( ATA
) at air-transport.org and requesting a copy of Air Transport Association
Conditions Of Contract, Summary Of Incorporated Terms, 2000. This document
allows consumers to compare the contracts of all domestic airlines and select
that air carrier which best protects the passenger from flight delays,
cancellations, lost, damaged or stolen baggage and other common travel
problems.

Sample Domestic Airline Disclaimers 2000-2001

The ATA's Summary Of Incorporated Terms
contains terms and conditions (1) seeking to limit an airline's liability and
damages for flight delays and schedule changes83
and (2) setting forth each airline's rules on reservations, check-in times and
refusals to carry84. A
sampling of these terms and conditions for 2000-2001 appears in the footnotes
and should be reviewed by the consumer.

Are These Disclaimers Enforceable?

Airlines place over-reaching disclaimers in
their contracts of carriage to discourage passengers from enforcing their
rights. Passengers who suffer damages arising from flight delays and
cancellations should consider going to Small Claims Court ( see below ). Flight
delay disclaimers may or may not be enforceable and should be tested in Court
against a standard of what the airline promised and what the consumer should
reasonably expect in terms of the delivery of timely air transportation.

Privity Of Contract Defense

An air carrier hired by a tour operator may
claim that the passenger has no standing to assert a flight delay claim [
Carro v. Parente World Travel Center99(
travel agent failed to deliver air tickets; summary judgment for air carrier
and tour operator; lack of privity of contract )]. Some Courts have held,
however, that passengers are third party beneficiaries of the contracts between
air carriers and tour operators and have standing to assert a cause of action
against the air carrier [ Neal v. Republic Airlines100;
Harris v. Waikane Corp.101;
Agosto v. Leisure World Travel, Inc.102
( tour operator of Rose Bowl package tours fails to deliver rental cars;
participants are third party beneficiaries of contract between tour operator
and rental car company )].

Act Of God Defense/Force Majeure

The airline may claim that it was prevented
from delivering timely air transportation because of an Act of God [ The
Majestic103
( " the act of God is limited...to causes in which no man has any agency
whatever; because it was never intended to arise " )] such as a snowstorm [ Klakis
v. Nationwide Leisure Corp104.
( charter tour passengers stuck at airport for 2 ½ days during snowstorm )], a
typhoon or volcanic eruption [ De Vera v. Japan Airlines105
( Manila Airport closed because of volcano and typhoon ) ] or a force majeure
such as a revolution or civil disorder [ Jamil v. Kuwait Corp106.( flight delayed 4 days due to coup in Pakistan )] or a pilot's strike [
Leake v. American Airlines, Inc.107
( passengers missed cruise because of airline strike )]. To prevail, however,
the air carrier must establish a causal connection between the Act Of God or
force majeure and its failure to deliver timely air transportation. In
addition, the air carrier must prove that it acted reasonably to reinstitute
the flight once the snowstorm or unexpected event ceased and the airport
completed clean-up operations [ Bernstein v. Cunard Line, Ltd.108
].

Mechanical Malfunction Defense

The air carrier may assert that the delay was
caused by a mechanical malfunction. Such a defense is unlikely to be accepted
by the Courts unless the air carrier can prove that the malfunction was truly
unforeseeable [ Feuer v. Value Vacations, Inc.109
( 48 hour delay due to engine malfunction; disclaimer
void )].

Public Charter Tours

If the air transportation is part of a Public
Charter Tour then the duties of both the air carrier and tour operator are
governed by DOT regulations [ 14 Code of Federal Regulations Sections 207,
208 & 380 ]. The air carrier is, for example, obligated to return
passengers stranded abroad after a tour operator becomes insolvent110
Some Courts have held the Public Charter Tour Operator liable for the flight
delays caused by a cooperating charter air carrier and other travel suppliers [
Irving Trust Company v. Nationwide Leisure Corp.111
( tour operator strictly liable as principal for defaults of hotels and air
carriers in failing to deliver travel services )].

Airline Overbooking

On occasion passengers with confirmed
reservations may be
" bumped " because the airline has oversold
the flight. Domestic air carriers are permitted to deliberately breach the
contract of carriage on the theory that it is more efficient to oversell a
flight than to fly an aircraft half-empty. If they overbook a specific flight
the air carrier must comply with DOT " Part 250-Oversales "115
regulations which require an " auction " procedure whereby " bumped "
passengers may obtain a seat if seated passengers can be induced to give up
their position. Otherwise the air carrier must compensate the bumped passenger
" at the rate of 200 percent of the sum of the values of the passenger's
remaining flight coupons up to the passenger's next stopover, or if none, to
the passenger's final destination, with a maximum of $400 "116
If the bumped passenger does not accept the denied boarding compensation then
he or she may sue at common law for breach of contract or negligence.

Airline Overbooking Damages

While bumped passengers may not sue for fraud
and punitive damages [ West v. Northwest Airlines, Inc.117
( " Federal regulations contemplate overbooking as an acceptable practice so
long as passengers received compensation " )] they may sue for compensatory
damages alleging a breach of the contract of carriage [ Semrod v. Compania
Mexicana De Aviacion118
( overbooking; breach of contract damages
include $3000 for loss of one vacation day; food allowance of $300 and a room
allowance of $250 per day ); Lopez v. Eastern Airlines, Inc.119
( actual compensatory damages awarded to passenger bumped from flight due to
overbooking )].

Unruly Passengers

Passengers may be removed from airplanes
because their actions may endanger the safety of the other passengers. Such
grounds may serve as a defense in a passenger's action seeking damages for
flight delays [ Schaeffer v. Cavallero120
( passenger removed from aircraft after dispute over carry-on luggage ); Zuliana
de Aviacion v. Herrera121
( passengers removed from aircraft, placed in airport bathroom and strip
searched including a body cavity search; compensatory and punitive damages
awarded ); Norman v. Trans World Airlines, Inc.122
( passenger properly removed from aircraft ); Singh v. Tarom Romanian Air
Transport123
( passenger removed from aircraft and detained for 6 days ); Donkor v.
British Airways, Corp.124( passenger detained and deported from England ); Macintosh v. Interface
Group125
( passenger removed from aircraft, arrested, jailed and charged with breach of
the peace ); USA v. Grossman126
( passenger convicted of having assaulted and intimidated flight attendant ); Huggar
v. Northwest Airlines, Inc.127
( passenger removed from aircraft after threatening another passenger over the
use of overhead bin ) ].

Damages For Domestic Flight Delays &
Cancellations

Damages arising from a canceled flight may
consist of the cost of alternate air transportation which is more expensive
than the original flight [ McMurray v. Capital International Airways, Inc.128
]. Consequential damages for cancellations and fight delays that are reasonably
foreseeable are recoverable
[ Reservation Desk v. ALIA129 ( air carrier liable for all consequential damages for failure to deliver air >transportation ); Smith v. Piedmont
Aviation, Inc<130.
( delay due to bad weather; air carrier liable for consequential damages )]
including $3,000 for the loss of one vacation day [ Semrod v. Compania
Mexicana De Aviacion131 ], $2,500 for the loss of " a refreshing memorable vacation " [ Vick v.
National Airlines, Inc.132,
] and $240 for " waiting time " [ Das v. Royal Jordanian Airlines133
][ See also the cases discussed below in International Flight Delay Damages ].

International Flight Delays

If the delayed flight was international then
the Warsaw Convention and its progeny may apply. If the Warsaw Convention does
not apply because the countries of departure and destination have not signed the Warsaw Convention then
the law of the country having the greatest contacts to the incident may apply [
Barkanic v. General Administration of Civil Aviation134
( air disaster; China not a signatory to Warsaw Convention; Chinese law applied
on issue of recoverable damages; $20,000 maximum allowable ); Glavey v. Aer
Lingus135
( passenger refused boarding; statute of limitations for asserting claim for
intentional infliction of emotional distress determined by law of New York and
not that of Ireland ); Macintosh v. Interface Group136
( unruly passenger removed from aircraft; Connecticut law applies to claims )].

If the Warsaw Convention does apply then the
obligations of the international air carrier are set forth in Article 19 of the
Warsaw Convention [ " The carrier shall be liable for damage occasioned by
delay in the transportation by air of passengers, baggage, or goods "137
]. To establish liability the passenger must show that:

The air carrier
accepted the passenger on the flight [ Malik v. Gulf Air138( international bumping causes delay; Article 19 of the Warsaw Convention
applies )],

The delay was material [ Tasar v. Pakistan International
Airlines139 ]
and (3) the delay caused the injury being alleged [ Jamil v. Kuwait Airways
Corp.140 (
four day delay; damages from loss of business opportunity not foreseeable )].

All Necessary Measures

However, the air carrier may be able to
escape liability if it can show that it took " all necessary measures to avoid
the damage or...it was impossible ...to take such measures<146
"[ Duff v. Trans World Airlines, Inc.147
( flight delay; all necessary measures taken ); Peralta v Continental
Airlines, Inc148
( passenger removed from aircraft because
ticket appeared altered; airline took all necessary measures to get passenger
to Costa Rica after establishing that ticket was valid ); Obuzor v. Sabena
Belgian World Airlines149)(
5 day flight delay; airline took all necessary measures to avoid delay )].

Wilful Misconduct

The Warsaw Convention provides in Article 25
that the air carrier may not " exclude or limit " its liability if the delay is
caused by its wilful misconduct. Proving wilful misconduct is difficult but it
has been done in cases involving flight delays [ Tasar v. Pakistan
International Airlines150( delay in the delivery of a casket for a funeral; wilful misconduct proven )],
baggage loss or delay in delivery [ Bank of Nova Scotia v. Pan American
World Airways, Inc.151
( failure to follow internal procedures regarding loss of gold is wilful
misconduct ); Cohen v. Varig Airlines, Inc.152(
failure to deliver baggage during extended tour of South America is wilful
misconduct ); Kupferman v. Pakistan International Airlines153(
wilful misconduct in the handling of baggage )] and physical injuries and death
[ Shah v. Pan American World Services, Inc154
( hijacking in Karachi, Pakistan; fraudulent misrepresentation of adequacy of
security system is wilful misconduct ); In re Air Disaster at Lockerbie155
( bomb explodes on aircraft; failure to comply with FAA regulations in
screening baggage is wilful misconduct )].

Small Claims Court

Passengers who suffer damages from flight
delays or cancellations should consider pursuing their claims in Small Claims
Courts. Such Courts are, generally, inexpensive, user friendly, informal
judicial environments which are often receptive to aggrieved consumers.

Flight Delay Class Actions

Class actions allow many similar claims to be
aggregated into one lawsuit for discovery, trial and/or settlement156
Passengers victimized by the same canceled flight [ Neilan v. Value
Vacations157 (
2,000 stranded passengers )] or delayed flight have been certified as a class
and allowed to assert class wide claims for breach of contract, negligence and
fraud [ Irving Trust Company v. Nationwide Leisure Corp158.(
charter passengers delayed 2 ½ days because of snowstorm )]. Class actions
arising from a failure to deliver a " non-stop " flight [ Liechtung v. Tower
Air, Inc.159 (
unexpected stop over caused a delay of 2 hours and 16 minutes ) and the
standing passengers for 8 ½ hours in aircraft on runaways during a snowstorm in
Michigan [ Koczara v. Wayne County160]
have also been certified.

New York: Robinson v.
American Airlines, New York Law Journal, June 19, 1995, p. 33, col. 5 ( White
Plains City Ct. 1995 )( passenger misses flight because airline advances
departure time by ten minutes; " times shown in timetable or elsewhere are not
guaranteed" ).

[81]. A summary of each airline's contract terms
may be found in United States Air Carriers, Conditions of Contract, Summary
of Incorporated Terms ( Domestic Air Transportation ) published by the Air
Transport Association of America, Washington, D.C.

Aloha Airlines, Inc.: " Aloha will not be responsible for damages
resulting from the failure to depart or arrive at times stated in the
timetable, nor for errors therein, nor for failure to make connections...Aloha
will use its best efforts to carry the passenger and baggage with reasonable
dispatch. Times shown in timetables or elsewhere are not guaranteed and form no
part of the contract. Aloha may without notice substitute alternate carriers or
aircraft and may alter or omit stopping places shown on the ticket in case of
necessity. Schedules are subject to change without notice. "

America West Airlines, Inc.: " (b) Schedule
irregularity... America West shall not be liable for failing to operate any
flight according to schedule or for changing the schedule or type of equipment
used on any flight, with or without notice to the passenger. To the extent
possible, America West will provide onward transportation to passengers delayed
or misconnected due to schedule irregularities or cancellation of flights or
services. If the delay or misconnection is caused by America West ( it ) will
transport the passenger without stopover on its next available flight in the
same or higher class of service, at no additional cost to the passenger...(c)
Schedule changes. When a passenger will be delayed because of a change in
America West's schedule, America West will arrange to transport the passenger
over its own lines to the destination, next stopover point or transfer
point...at no additional cost...When America West's schedule change results in
the cancellation of all America West service between two cities, America West
will reroute passengers...over the lines of another carrier...Purchase of a
ticket does not guarantee transportation. America shall in no event be liable
for any indirect, special or consequential damages resulting from the
performance or delay in performance of, or failure to perform, transportation
of passengers and other services incidental thereto...whether or not America
West had knowledge that such damages might be incurred. "

Comair, Inc.: " Comair will endeavor to carry the
passenger and baggage with reasonable dispatch, but times shown in timetables
or elsewhere are not guaranteed and are subject to change without notice.
Comair may, without notice, substitute, add, or omit stopping places shown on
the ticket. Comair is not responsible or liable for failure to make connections
or to operate flight according to schedule, or for changing the schedule of any
flight. Under no circumstances shall Comair be liable for any special or
consequential damages. "

Continental Airlines: " If the customer's delay or misconnection
is caused by Continental, (it) will use its best efforts to arrange onward
transportation that is acceptable to the customer. Continental will
re-accommodate the customer on the next available flight on any carrier...at
the same or higher class of service, at no additional cost...Continental
reserves the right to collect a Service Charge for the refund of tickets, for
the replacement of lost tickets, for the purchase of tickets to be issued at a
later date...or for any reissue of tickets when done so at the customer's
request. Customers with special or discount fare tickets who voluntarily change
their reservations and/or itinerary, are subject to being charged an Additional
Collection...Certain special fare tickets may be nonrefundable."

Delta Air Lines: " Delta will use its best efforts to carry
the passenger and baggage with reasonable dispatch. Times shown in timetables
or elsewhere are not guaranteed and form no part of this contract. Delta may, without
notice, substitute alternate carriers or aircraft, and may alter or omit
stopping places shown on the ticket in case of necessity. Schedules are subject
to change without notice. Delta is not responsible or liable for making
connections, or for failing to operate any flight according to schedule, or for
changing the schedule of any
flight
".

Midwest Express Airlines: " Purchase of a
ticket does not guarantee transportation. MEA will in no event be liable for
any indirect, special or consequential damages resulting from the performance
or delay in performance of, or failure to perform, transportation of passengers
and other related services...whether or not MEA had knowledge such changes
might be incurred. "

Southwest Airlines Co.: " Southwest will
use its best efforts to carry the passenger and baggage with reasonable
dispatch. Times shown in timetables or elsewhere are not guaranteed and form no
part of the Contract of Carriage. Southwest may, without notice, substitute
alternate aircraft, and may alter or omit stopping places...Schedules are
subject to change without notice. Southwest is not responsible or liable for
making connections, or failing to operate any flight according to schedule, or
for changing the schedule of any flight. "

Trans World Airlines, Inc.: " Ticket
Transferability. Tickets are not transferable. TWA is not liable to the owner
of a ticket for honoring such ticket when presented by another person. Failure
to Operate on Schedule or to Provide Transportation. Times shown in TWA's
timetables and elsewhere are not guaranteed and are not part of its conditions
of carriage. TWA may without notice substitute alternate carriers or aircraft,
and may alter or omit stopping places shown on the ticket in case of necessity.
Schedules are subject to change and flights subject to cancellation without
notice. If the passenger is delayed due to flight cancellation...delay in
scheduled departure or arrival, substitution of equipment, schedule changes,
misconnection or cancellation of reservations...or circumstances beyond TWA's
control, TWA will transport the passenger at no additional cost on the next TWA
flight if space is available in the same class of service...Involuntary
Refunds, TWA will refund the total fare and charges paid when the passenger has
been diverted to a point other than the ticketed connection or destination
point. TWA will refund the applicable fare between the point of flight
termination on TWA and the ticketed TWA destination...When for operational
reasons...a ticketed passenger holding confirmed reservations is downgraded to
a different class of service, TWA will refund the difference, if any, between
the fare paid and the fare applicable to the substituted class of service ".

United Airlines, Inc.: " (a) The following provisions
apply
only to a passenger who has a ticket and a confirmed reservation...(d)
Amenities/services for delayed passengers...Lodging. Passengers will be
provided one night's lodging, or a maximum allowance for one night's lodging as
established by each location, when a UA flight on which the passenger is being
transported is diverted to an unscheduled point and the delay at such point is
expected to exceed four hours during the period 10:00PM to 6:00AM. Exception:
Hotel accommodations will not be furnished: (1) To a passenger whose trip is
interrupted at a city which is his origin point, stopover point, connecting
point or his permanent domicile, or (2) When the flight on which the passenger
is being transported is diverted to another city or airport in the same
metropolitan area...as the destination designated on the passenger's ticket
"...(e) Times shown in a timetable or elsewhere are not guaranteed and form no
part of the contract of carriage...".

[84]. Sample rules for reconfirmation, check-in
times and refusals to carry appearing in Air Transport Association
Conditions Of Contract, Summary Of Incorporated Terms, 2000.

America West Airlines, Inc.: " (a)... America
West does not require reconfirmation of reservations. (b)...A reservation for
space on a given flight will be honored when the availability and allocation of
such space is confirmed by a reservation agent...Such reservation is subject to
cancellation...without notice if the passenger has not obtained validated
ticket specifying his/her confirmed reserved space at least 30 minutes prior to
the scheduled departure time of the flight...America West will cancel
reservations of any passenger: (I) whenever such action is necessary to comply
with any governmental regulation...or such action is necessary...by reason of
weather or other conditions beyond America West's control; (ii) if the
passenger fails to occupy space which has been reserved for him/her...and
America West fails to receive notice of the cancellation...; and (iii) who is
unable to present him/herself for check-in at least 10 minutes prior to
departure due to the late arrival of an inbound connecting flight...If a flight
is overbooked and America West is unable to honor a confirmed reservation,
denied boarding compensation will be given...(c) Check-in times. America West
will cancel the reservations of any passenger who is unable to present
him/herself to the loading gate for boarding at least 10 minutes ( for domestic
flights ) and 60 minutes ( for international flights ) before the scheduled or
revised posted departure time for a flight even if the passenger has already
checked-in for the flight at a location designated for such purposes...(d)
Refusals to carry. America West may refuse to transport any passenger for
several reasons, including: compliance with governmental regulation or
requisition of space, when advisable by reason of weather or other conditions,
refusal or failure by a passenger to permit a search of person or to produce
positive identification or valid documentation for international travel, that
the person appears to be intoxicated or under the influence of drugs, is unable
to sit in a seat with the seatbelt fastened, requires an onboard stretcher
kit..., is seriously ill and who cannot provide a physician's written
permission to fly, is pregnant and expecting delivery within seven days unless
a doctor's certificate is provided, requires oxygen...is an unaccompanied child
under five years of age; or whose behavior may be hazardous to himself/herself,
the crew or other passengers. "

Comair, Inc.: " A. Reconfirmation of reservations six (6)
hours prior to scheduled departure is requested on COMAIR flights after a
stopover of twelve hours or more. B. Passengers who have not checked in,
received their boarding pass, and are at the boarding point ready to board the
aircraft at least ten (10 ) minutes before scheduled departure are subject to
having all reservations in their ticket itineraries canceled. C. Refusal to
Transport-COMAIR will refuse to transport or will remove, an any point, any
passenger for the following reasons:...(2) Refusal... to permit a search of
person or property for explosives, or for deadly, controlled or dangerous
weapons, articles or substances. (3) Refusal...to produce positive
identification ...(4) Failure...to possess all valid documents ( passports,
visas ) required by the laws of the countries from, over, or into which ( the
passenger will fly...(5) Passenger's conduct is disorderly, abusive or violent,
or passenger: (a) appears to be intoxicated or under the influence of drugs,
(b) attempts to interfere with any member of the flight crew...(c) appears to
be mentally unstable, (d) refuses to obey instructions from any flight crew
member, or (e) engages in any action that might jeopardize the safety of the
aircraft or any of its occupants....(7) Persons who are inadequately clothed.
(8) Unaccompanied minors under the age of five...(9) Persons who have to be
seated in a reclined position. (10) Disabled or physically challenged persons
who cannot be sufficiently secured by a seat belt..."

Continental Airlines: " Customers are required to purchase their
tickets no less than 30 minutes prior to departure, and must present themselves
at the loading gate for boarding no less than 10 minutes before the scheduled
departure of the flight ( 30 minutes international departures )...Failure to
comply ( with these ruled ) could result in a customer's reservations being
canceled. International customers who break their journey for 72 hours or more
are required to reconfirm their onward or return reservations at least 24 hours
in advance of the flight's scheduled departure. This ( rule ) does not apply to
ravel to and from Mexico...Continental will refuse to transport or will
remove...any customer for ( the reasons noted in Comair's terms and conditions
of contract of carriage ) "

Delta Air Lines, Inc.: " A. Delta has no reconfirmation
requirements for domestic flights. B. Reservations of passengers presenting
themselves at the airport loading gate less than ten minutes before scheduled
departure are subject to cancellation, and denied boarding compensation will
not be applicable. Passengers with reserved seat assignments must check in at
least 20 minutes before scheduled departure...C. Refusal to transport...(5)
Passenger's conduct is disorderly, abusive or violent or passenger...(c) has a
contagious disease that poses a threat to the health or safety of others and
may be transmissible...(d) has a malodorous condition "

Northwest Airlines, Inc.: " A. A
reservation for a space on a given flight is valid when a passenger has
obtained a ticket...(1) At least 30 minutes before the scheduled departure time
of the applicable flight within the
(
US and Canada )...(2) At least 60 minutes before scheduled departure time of
the applicable flight ( from the US and Canada to a point outside such area
)...During a NW work stoppage from a strike by one or more of NW's labor
unions, NW will cancel flights that it is unable to operate as a result of the
work stoppage...B. NW may overbook...If NW cannot accommodate a passenger on
the aircraft for which he/she holds a confirmed reservation, NW's obligation to
the passenger is exclusively governed by Rule 245. The passenger shall not be
entitled to compensatory or punitive damages in the event of an oversale. C.
Once a passenger purchases a ticket indicating confirmed space for a specific
flight and date...the reservation is confirmed, even if there is no record in
NW's electronic reservation system..."

Southwest Airlines Co.: " Reservations must be claimed at the gate
departure desk at least ten (10) minutes before the scheduled departure time.
Failure to comply with the check-in requirements will result in the
cancellation of passenger's reservations....Southwest Airlines has the right to
refuse transportation to persons under the influence of drugs or alcohol or any
condition...which may cause danger or discomfort to the passenger, any other
passenger, or the crew, and to unaccompanied passengers who are unable to sit
in the seat with the seatback in its full upright position with the seat belt
fastened, or who are unable to care for themselves during flight, and/or unable
to care for their lavatory needs during flight..."